The Restoration Industry Association (RIA) and ThermaPure, Inc. have successfully settled a patent lawsuit that RIA began in January 2013. The agreement, in part, calls for ThermaPure to provide a covenant not to sue RIA members unless the member heats a structure to an ambient temperature in excess of 105°F while practicing the other limitations of claims of ThermaPure's U. S. Patent 6,327,812 ('812 patent). RIA, in turn, acknowledges the validity of the '812 patent and will encourage the adoption of the ThermaPure technology to its members when using temperatures in excess of 105°F.
The litigation settlement is a win/win for RIA and ThermaPure, ending a long standing dispute between the parties wherein ThermaPure sought to protect its patents while the RIA sought certainty as to the scope of ThermaPure's infringement charges. After a decade of challenges, the validity of the '812 patent has been stipulated to by RIA and two RIA member firms. Restoration firms can embrace the ThermaPure® technology not only for its environmental benefits but also to expand their business opportunities. Now RIA members will not have to fear these patent infringement lawsuits, as long as the ambient air temperature inside a structure is not heated above 105°F during water damage recovery and other restoration services. The veil of legal uncertainty is lifted from the membership who can return their focus to running their companies.